EDITORIAL: An international rights advocacy organisation, Human Rights Watch, has issued a damning report on the prevailing conditions in Pakistani prisons. The report entitled “A Nightmare for Everyone” notes that overcrowding is a serious problem.
More than 88,650 inmates are languishing in 116 prisons with an approved capacity for only 65,168 persons, which makes inmates vulnerable to communicable diseases such as TB that “spreads 29 percent faster in jails”, and leaves them without access to medicine and treatment for even basic health needs.
The jail superintendent acting “as a viceroy” arrogates to himself the authority to decide who should or shouldn’t get medical attention. A health officer at a Punjab prison is quoted as saying he is legally responsible for ensuring the wellbeing of prisoners, “in practice even a Panadol tablet [pain reliever] has to be signed off by the superintendent.”
The report highlights several other rights abuses, such as torture, class divide, insanitary living conditions, lack of legal aid, and poor quality of food, also noting that female prisoners “are especially vulnerable to being abused by male prison guards, including sexual assaults, rape, and being pressured to engage in sex in exchange for food or favours.”
As appalling as these findings are, this is not the first time the subhuman conditions in prisons have been brought to light. Last October, the Provincial Intelligence Centre in Punjab had presented its report to the then chief minister and IG prisons, describing various malpractices rampant in jails, including bribes in exchange for exemption from labour, supply of banned items such as comfort food, cigarettes, cell phones, and even narcotics.
According to that report, in the prison hospitals availability of facilities/relief, including bail on medical grounds could be obtained on payment of Rs 25,000-30,000. Those unable to grease the prison staff’s palms were subjected to torture, whilst women suffered sexual exploitation.
In one instance, taking notice of a video of prisoner torture the then chief justice of the Islamabad High Court Athar Minallah had visited Rawalpindi’s Adiala Jail accompanied by two district and sessions judges to look into the case.
The visit resulted in the transfer of several wardens and suspension of six officials of the jail. Later hearing another case of prison torture Justice Minallah had ordered forming of a commission headed by the then human rights minister, Shireen Mazari, to examine the problems faced by prisoners and revise the prison rules and relevant laws so as to propose solutions in the light of the Constitution and internationally-recognised standards.
The commission accomplished its task with due diligence, recommending many improvements in the existing rules and practices. Sadly, implementation remained elusive.
Now the rights watch wants the government to ease overcrowding by reforming the bail laws, pointing out that courts deny bail as a “matter of practice” even though most offences are bailable. It also urges appointment of more healthcare professionals, and once again calls for reform of the prison rules in line with international practices.
To that end, it seeks establishment of an independent and transparent mechanism. Serious consideration of these issues can make a big difference. But those in positions of power do not seem to care because a vast majority of those incarcerated for crimes they did or didn’t commit belongs to the underprivileged sections of society.
Copyright Business Recorder, 2023